Issue for Consideration The instant appeal is directed against the interim order dated 18.07.2025 passed by the High Court wherein it directed the Returning Officer to allot a symbol to respondent no.1 (the writ petitioner) and permit him to participate in the election to the office of Zila – Art.243-O – Uttarakhand Panchayati Raj Act, 2016 – The Uttarakhand State Election Commission issued a revised notification resuming the Panchayat elections in the State – Pursuant thereto, respondent no.1 submitted his nomination for election to the post of Zila
Issue for Consideration Whether the disputes can be referred to arbitration or an arbitrator can be appointed when the very existence of arbitration agreement itself is seriously disputed on the allegations of forgery and fabrication; whether in the factual matrix of the case, the disputes to the arbitration u/s.8 of the Arbitration and Conciliation Act, 1996 and correspondingly whether the High Court was justified in declining the appointment of an arbitrator u/s.11 of the 1996 Act. Headnotes† Arbitration and Conciliation Act, 1996 – Impact of fraud on
Issue for Consideration Matter pertains to dispute as regards the sharing of the waters of the Pennaiyar River between the State of Tamil Nadu and the State of Karnataka. Headnotes† Inter-State River Water Disputes Act, 1956 – ss.3, 4 – Inter- State River Pennaiyar – of the Pennaiyar River and arising from the alleged construction of a check dam/diversion by the State of Karnataka-defendant-State on the said river, impeding the free flow of water, thereby depriving the State of Tamil Nadu-plaintiff-State of the benefits of the river waters flowing through
Issue for Consideration Issue arose whether in the absence of a legislatively prescribed framework for quantification of environmental compensation, the NGT could enhance compensation on the basis of project cost; and whether the NGT, in exercise of its powers u/ss.15, 17 and 20 of the National in law to adopt the turnover or project cost of a project proponent inter alia as a relevant yardstick for the computation of environmental compensation. Headnotes† National Green Tribunal Act, 2010 – ss.15, 17 and 20 – Environmental compensation – Enhancement, on
Issue for Consideration Issue arose as regards the legality in the appointment process of the appellant as the Vice-Chancellor of the Puducherry Technological University. Headnotes† Puducherry Technological University Act, 2019 – s.14(5) Commission Act, 1956 – UGC Regulations on Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2018 – Regn 7.3 – Appointment of appellant as Vice-Chancellor of
Issue for Consideration Issue arose as regards the contempt jurisdiction of the High Court, when the order passed by the High Court has merged with the order passed by the Supreme Court affirming it. Headnotes† Contempt of Courts Act, 1971 – ss.12, 15 – Contempt jurisdiction of with the direction issued by the High Court, the appellants filed contempt petition before the High Court – However, the High Court dismissed the petition holding that once the order passed by the High Court was taken up in appeal before this Court and the Special Leave Petition was
Issue for Consideration If an arbitral tribunal - appointed by the High Court or by the parties concerned – does not complete proceedings within the required or extended time limit, can an application to extend time u/s.29A of the Arbitration and Conciliation Act, 1996 can be filed before Civil Court. Headnotes† Arbitration and Conciliation Act, 1996 – ss.29A, 11(6), 2(1)(e) – The present dispute arose out of Memorandum of Family Settlement (MFS) dated 11.01.2021 executed between the parties herein, who all form part of the ‘Chowgule’ family –
Issue for Consideration Issue arose as regards the reach and sweep of the jurisdiction of the Tribunal constituted under the Wakf Act, 1995; whether in the facts and circumstances of the case, the injunction simpliciter sought for before the Waqf Tribunal fell within its jurisdiction; whether the jurisdiction and that of the High Court affirming it ought to be set aside. Headnotes† Wakf Act, 1995 – ss.6(1), 7(1), 83 – Respondent-plaintiff filed suit before the Tribunal seeking perpetual injunction with respect to the scheduled property which was neither specified
Issue for Consideration Issue arose as regards the preliminary objection on the maintainability of the conciliation proceedings and the consequential reference of the industrial dispute; whether the Conciliation officer was correct in admitting the application made u/s.12 of the Union having raised the dispute with the Management first; and whether the reference is illegal for want of a prior demand before the Management. Headnotes† Industrial Disputes Act, 1947 – s.12 – Contractual labour – Absorption – Appellant-Management engaged in
Issue for Consideration Issue arose whether the Single Judge exceeded his jurisdiction by interpreting sub-section (4) of s.175, BNSS while issuing consequential directions for the Judicial Magistrate-JM to pass an appropriate order on the appellant’s application without any prayer in this to the order of the JM calling for a report per sub-section (4) of s.175; whether the alleged acts of the public servants, fall within the discharge of their official duties; whether sub-section (4) of s.175, BNSS is a stand-alone provision or is it to be read in continuation of/as a
Issue for Consideration Whether the conviction of the accused by the High Court, based on confession without corroboration, reversing the order of acquittal by the Trial Court is justified. Headnotes† Circumstantial evidence – Conviction based on confession without corroboration reversed the acquittal of the accused by the Trial Court, finding the accused guilty of murder of the victim – Challenge to: Held: A confession can form a legal basis of a conviction if the Court is satisfied that it was true and was voluntarily made – However, a Court shall not
Issue for Consideration Issue arose whether directing workers working through a registered contractor either for continuation or regularisation is completely illegal; and as regards the applicability of s.33(1) of the ID Act. Headnotes† Industrial Disputes Act, 1947 – ss. Contract Labour (Abolition & Regulation) Act, 1970 – s.2(1)(b) – Complaint by workmen alleging unfair labour practices and sought direction to the Management Company to pay compensation to the tune of equal amount of wages due to each of the complainant – Industrial Tribunal
Issue for Consideration Whether the High Court erred in rejecting the writ petition filed by the appellants sustaining the objections raised by the Registry of the High Court as to why multiple reliefs were claimed in a single prayer; why a particular party was joined as – Cannot make inroads into areas within the exclusive domain of the judiciary – Writ petition filed by appellants-borrower under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 alleging that the advocate appointed as
Issue for Consideration Whether the Division Bench of High Court ought to have interfered with the Single Judge’s judgment and order of dismissal of first respondent’s writ petition as well as the order cancelling allotment of the plot in question, having overarching public interest involved. Headnotes† Bihar Industrial Area Development Authority Act, 1974 – Auction – Allotment of Plot – First respondent was allotted a plot to construct a multiplex cum shopping mall on the plot – In the meanwhile, a decision was taken
Issue for Consideration Whether the Adjudicating Authority could have, on the facts of the present case, in the process of adjudicating the application of respondent no.1-GCL, recorded a finding that the trademark “Gloster” was an asset of the respondent no.2-Corporate Debtor (FGIL) appellant. Headnotes† Insolvency and Bankruptcy Code, 2016 – s.60(5) – Jurisdiction of NCLT – Corporate Debtor – Respondent no.2-FGIL (Corporate Debtor) was hauled up before the Adjudicating Authority u/s.9 of IBC – Resolution Professional (RP) was appointed
Issue for Consideration What is the threshold for declaring that a registered Sale Deed is a sham. Headnotes† Deeds and Documents – Registered Sale Deed – Presumption of validity and genuineness – Should not be casually declared “sham” – Respondent (now for ₹8,000/- and another property for ₹2,000/- – Case of the Appellants is that to get the suit house redeemed from ‘SG’, the Respondent sold the suit house to Appellant-Defendant No.1 vide the impugned Sale Deed dtd.12.11.1971 for a consideration of ₹10,000/-
Issue for Consideration Issue arose whether the expression ‘date of Notification’ mentioned in para 2 of the Notification No.38/2015-2020, issued under the Foreign Trade (Development and Regulation) Act, 1992 can be interpreted to mean any date, other than the date of its publication and Regulation) Act, 1992 – Notification No.38/2015-2020, para 2 – Interpretation of the expression ‘date of this Notification’ – Appellants entered into sale contracts with exporters from China and South Korea, and on 05.02.2016 opened irrevocable letters
Issue for Consideration Issue arose as regards the right of a person charged with serious and grave misconduct by the ICC to assail the correctness of the said report and its findings by way of an appeal before the tribunal. Headnotes† Sexual Harassment of Women at Workplace (Prevention, – s.18 – Armed Forces Tribunal Act, 2007 – s.14 – Report of Internal Complaints Committee-ICC constituted under POSH Act, if can be challenged before the tribunal – Complaint by Principal Medical Officer against the appellant-Commander in the Indian Navy, alleging
Issue for Consideration Interpretation and implementation of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act) and the Building and Other Construction Workers’ Welfare Cess Act, 1996 (Cess Act); issue of the levy and BOCW Act and the Cess Act; whether cess was deductible irrespective of the constitution of Welfare Boards constituted under the BOCW Act; whether the BOCW Act and the Cess Act can be treated as ‘subsequent legislation’ for the purposes of the contracts entered into by NHAI with its
Issue for Consideration The present petition was filed by the petitioner-wife praying for transfer of an application filed by respondent-husband u/s.340 CrPC. The petitioner-wife has also invoked the jurisdiction of this Court to dissolve the marriage between the parties by filing application the grounds of irretrievable breakdown of marriage. Headnotes† Constitution of India – Art.142 – Dissolution of marriage – The present petition was filed by the petitioner-wife praying for transfer of an application filed by respondent-husband u/s.340 CrPC, seeking